DrugBuyers.Com: Druggist faces life term

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Druggist faces life term for illegal sales of painkillers online
07:53 AM CDT on Friday, October 24, 2003

By DAVE LEVINTHAL / The Dallas Morning News

Pharmacist Clayton H. Fuchs, who planned on a new life after his marriage two months ago, now faces a sentence of up to life in prison after a federal jury convicted him Thursday night on six counts of illegally selling potent prescription drugs over the Internet.

Mr. Fuchs' family including his stepfather, Eugene Gonzalez, whom the jury also convicted on one of the counts vowed to spend themselves into bankruptcy to get the guilty verdicts overturned in a higher court.

"We're going to fight until we don't have any money left. We feel like we were lambs led to slaughter, that we've been railroaded," said Mr. Gonzalez of Garland, who partnered with Mr. Fuchs in operating drug sale Web sites such as friendlypharmacy.com, texashealthweb.com and nationpharmacy.com.

Mr. Gonzalez faces up to 20 years in prison and a $250,000 fine, according to federal sentencing guidelines.

DeSoto pharmacist Waldrick Lemons faces up to five years in prison and a $250,000 fine.

U.S. District Judge Jorge Solis did not immediately schedule a date for a sentencing hearing for the men. The judge ordered Mr. Fuchs into federal custody pending that hearing but allowed Mr. Gonzalez and Mr. Lemons to remain free.

Mr. Fuchs grabbed his sobbing wife, Stacey, and hugged her before U.S. Marshal Service deputies led him away.

Prosecutors argued during the trial, which began Oct. 8, that Mr. Fuchs led a ring of doctors and pharmacists who prescribed and shipped the narcotic hydrocodone and other potent drugs to individuals without meeting them face to face, scanning their medical records or examining them between Jan. 1, 2000, and March 31, 2001. Hydrocodone is used in painkillers such brand-name products Lortab and Vicodin.

The men divided profits Mr. Fuchs deposited into bank accounts, prosecutors said.

Three other men indicted by a federal grand jury physicians Stephen Thompson of Garland, Robert Ogle of Rockwall and Kenneth Speak of Dallas pleaded guilty earlier this year to one count of conspiracy to distribute a controlled substance and one count of money laundering. Their sentencing hearing is scheduled Dec. 10.

"We're pleased with the verdict of the jury. The evidence supported the verdict," said Assistant U.S. Attorney Dan Guess, who co-prosecuted the case.

He said the U.S. attorney's office would release a statement Friday.

John H. Read II, Mr. Fuchs' attorney, promised to appeal.

Mr. Read said that Mr. Fuchs is not guilty of the crimes of which he is accused because there are no applicable laws that exact how pharmacists should sell drugs over the Internet.

"He could have handled his business a little better, but when he started, there was no law on this practice," said Mr. Read, who warned that the verdict would chill the entrepreneurial spirit of online businesspeople. "We have some very appeal-worthy issues here."

Penny Gonzalez, Mr. Fuchs' mother and Mr. Gonzalez's wife, said prosecutors lied about her son in saying that he's a greedy criminal who jeopardized the lives of dozens of people in order to make easy money.

He generously used the money he made to purchase automobiles and houses for her and other family members, Ms. Gonzalez said.

But more important, Mr. Gonzalez contends, is the "injustice" of the federal government prosecuting "poor, innocent country folk who got fooled" when dozens of Internet-based prescription drug sellers today operate freely, without penalty or prosecution.

"Check your e-mail and there will be eight different online pharmacies doing it wrong," he said. "We were just trying to be honest, trying to do it right."

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